Questions & Answers
Questions & Answers
7 available 7 • View allWaiving the penalty for early exit of tenancy due to COVID-19
2
Q: Hello,
I live in Dubai and have recently been sent on unpaid leave until further notice due to COVID-19. I am unable to pay my next rent cheque which is due in July.
I would like to exit my tenancy contract early, it ends in March 2021. My contract states that I am liable and have to pay an early exit fee of the equivalent of 2 months rent if I decide to leave early.
Can this be voided due to the current situation? And would I be able to leave without paying this?
Does COVID-19 count as Force Majeure? If it does, would I also be able to get my deposit back?
Thank you for any assistance you can offer.
F.

Apr 22, 2020
583
Early termination of a long-term commercial lease agreement
0
Q: In case of a long-term lease with a commercial tenant for eg 5 years and the tenant wants to break the contract say after 3 years.
The termination clause in the agreement states that the tenant has to pay a minimum rent for 3 years + termination penalty equal to 6 months + 3 months notice period.
The query is, at the time of termination, lease agreement ceases and the tenant is liable to pay the termination penalty + notice period immediately or as per the terms of the lease agreement?
Assume the tenant wants a payment plan, can he lock up the premise and not hand over the keys till the minimum rent period (i.e 3 years) and whether late payment fees is applicable? (assume the lease agreement states late payment fees for non-payment), if applicable whether the calculation should be from termination date or the lease due dates?
I believe the late payment fees should be from the termination date and not on lease due dates since the lease agreement is terminated by way of the notice.

Nov 15, 2017
3323
The penalty of breaking tenancy contract before expiry
1
Q: Hi,
I am a tenant and my agreement ends on 30/8/2019, but due to unavoidable circumstances, I need to terminate the contract early on 30/4/2019.
The exit clause states:
1. The penalty for breaking the contract is 2 months' rent
2. The tenant should inform the owner 2 months before vacating the unit otherwise the tenant has to pay 2 months' rent as a penalty.
Already given the owner the notice on 10/2/2019, but he is still claiming the 2 months' rent penalty.
Please clarify how many penalties are in play here.
Thanks
Didi

Feb 12, 2019
2544
how to hand over a rented office and avoid paying rent if denied access by landlord
1
Q: A company has rented a small office in a business center, but has been unable to pay the rent for a few months since the COVID-19 lockdown.
The business center has locked up the office, preventing access and usage, but continues to accrue the new unpaid rents as being due even though the company has no access to use the premises. Is this legal?
The lease mentions that the landlord is allowed to lock up the office in case of late payments, but I had in mind that was illegal, hence that this clause was invalid, and that the company should have access to the office and to retrieve its belonging from there.
Thanks,
E.

Oct 26, 2020
297
A rented premises is sealed by the court. How can the landlord get it back?


1
Q: We have an enforcement order against our company due to a commercial case in Dubai courts filed by one of our creditors and the office is sealed by the court.
The Ejari for the office has expired, in the meanwhile, the real estate is asking me to hand over the office or face another rental case as we are still liable for the rent.
The civil case matter is involving a large sum of money which the company is not in a position to pay right now but does not want to be liable for another court case.
Is there a way for the landlord to get their premises back?
How long would the court keep the premises sealed until their next step?



Oct 19, 2021
729
Question #47396
0
س: يوجد بحقي دعوى بتجديد عقد الايجار من دون علمي ز انا خارج البلاد منذ 2016 رقم الدعوى 1020/2017 تنفيذ , أريد أن أعلم هل تنقضي الدعوى بانقضاء المهلة او الزمن؟ وكم هي المدة؟ لدي عقد عمل في الامارات و اريد العودة الى أبو ظبي ماذا علي ان أفعل

Feb 4, 2022
0
How can I settle unpaid office rent with the landlord?
0
Q: We are tenants for the past 18 years. Due to the business failure for 3 years, we are unable to pay the rent for now nearly 3 years and waiting for the landlord to say to vacate and go without penalizing us.
However, now they have come to us and saying that we need to pay all the 3 years of rent. Failing to do so, the landlord will send the police to vacate us.
Please can you advise us on the solution?
We just want to move out from here as we cannot afford to pay the rent.
Is there any help for us?

Jul 1, 2022
240
Legal blog
2 available 2 • View allIs COVID-19 a Force Majeure Event? 10
As the world is currently experiencing a major lockdown and suspension of almost all commercial and civil operations, the question arises in the novelty of Coronavirus outbreak on how serious it is to be dealt with as a Force Majeure.
Apr 7, 2020
2301
My Tenant Stopped Paying Rent & Became Unresponsive, What Should I Do? 6
An interview-format article covering the topic of defaulting on commercial lease in the UAE and related procedures. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. In this article, Ludmila discusses what one should do if the tenant becomes unresponsive.
Feb 11, 2020
14932
Laws & Regulations
3 available 3 • View allLaw No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.
Nov 26, 2007
24348
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
Dec 1, 2008
25067
Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai 0
This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.
Sep 18, 2013
7320

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